Passing
in June 2010, this is a long awaited law. New York's law is missing
point 5 and 8 and missing the "+" of point 10 (victim counseling) and point
12 (a cyberbullying clause). Check out www.BullyPolice.org/grade.html
for the 12 points of a great law.

New York Governor David Paterson
signs the Dignity for All Students Act into law. The governor, was
one of the first legally blind students to attend public school in his
Long Island district. He told a story of how he retaliated against
one bullying peer by clobbering him with his metal lunch box.

"My father told me that's not
the way to handle the problem, but my mother told me it was cool," Governor
Paterson added jokingly.

AN ACT to amend the education law, in relation
to enacting the dignity for all students act

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED
IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. Short title. This
act shall be known and may be cited as the "dignity for all students act".

S 2. The education law is amended
by adding a new article 2 to read as follows:ARTICLE 2 DIGNITY FOR ALL STUDENTS
SECTION 10. LEGISLATIVE INTENT. 11. DEFINITIONS. 12. DISCRIMINATION AND
HARASSMENT PROHIBITED. 13. POLICIES AND GUIDELINES. 14. COMMISSIONER'S
RESPONSIBILITIES. 15. REPORTING BY COMMISSIONER. 16. PROTECTION OF PEOPLE
WHO REPORT DISCRIMINATION OR HARASS MENT. 17. APPLICATION. 18. SEVERABILITY
AND CONSTRUCTION.

S 10. LEGISLATIVE INTENT. THE
LEGISLATURE FINDS THAT STUDENTS' ABILITY TO LEARN AND TO MEET HIGH ACADEMIC
STANDARDS, AND A SCHOOL'S ABILITY TO EXPLANATION--Matter in ITALICS (underscored)
is new; matter in brackets [ ] is old law to be omitted. LBD01245-12-0S. 1987--B 2 EDUCATE ITS STUDENTS,
ARE COMPROMISED BY INCIDENTS OF DISCRIMINATION OR HARASSMENT INCLUDING
BULLYING, TAUNTING OR INTIMIDATION. IT IS HEREBY DECLARED TO BE THE
POLICY OF THE STATE TO AFFORD ALL STUDENTS IN PUBLIC SCHOOLS AN ENVIRONMENT
FREE OF DISCRIMINATION AND HARASSMENT. THE PURPOSE OF THIS ARTICLE IS
TO FOSTER CIVILITY IN PUBLIC SCHOOLS AND TO PREVENT AND PROHIBIT CONDUCT
WHICH IS INCONSISTENT WITH A SCHOOL'S EDUCATIONAL MISSION.

S 11. DEFINITIONS. FOR
THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:1. "SCHOOL PROPERTY" SHALL
MEAN IN OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND,
PARKING LOT, OR LAND CONTAINED WITH IN THE REAL PROPERTY BOUNDARY LINE
OF A PUBLIC ELEMENTARY OR SECONDARY SCHOOL; OR IN OR ON A SCHOOL BUS, AS
DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW. 2. "SCHOOL FUNCTION" SHALL
MEAN A SCHOOL-SPONSORED EXTRA-CURRICULAR EVENT OR ACTIVITY. 3. "DISABILITY" SHALL MEAN
DISABILITY AS DEFINED IN SUBDIVISION TWEN TY-ONE OF SECTION TWO HUNDRED
NINETY-TWO OF THE EXECUTIVE LAW. 4. "EMPLOYEE" SHALL MEAN EMPLOYEE
AS DEFINED IN SUBDIVISION THREE OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF
THIS TITLE. 5. "SEXUAL ORIENTATION" SHALL
MEAN ACTUAL OR PERCEIVED HETEROSEXUALI TY, HOMOSEXUALITY OR BISEXUALITY. 6. "GENDER" SHALL MEAN ACTUAL
OR PERCEIVED SEX AND SHALL INCLUDE A PERSON'S GENDER IDENTITY OR EXPRESSION. 7. "HARASSMENT" SHALL
MEAN THE CREATION OF A HOSTILE ENVIRONMENT BY CONDUCT OR BY VERBAL THREATS,
INTIMIDATION OR ABUSE THAT HAS OR WOULD HAVE THE EFFECT OF UNREASONABLY
AND SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATIONAL PERFORMANCE,
OPPORTUNITIES OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING;
OR CONDUCT, VERBAL THREATS, INTIM IDATION OR ABUSE THAT REASONABLY CAUSES
OR WOULD REASONABLY BE EXPECTED TO CAUSE A STUDENT TO FEAR FOR HIS OR HER
PHYSICAL SAFETY; SUCH CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE INCLUDES
BUT IS NOT LIMITED TO CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE BASED
ON A PERSON'S ACTU AL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN,
ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION,
GENDER OR SEX.

S 12. DISCRIMINATION AND HARASSMENT
PROHIBITED. 1. NO STUDENT SHALL BE SUBJECTED
TO HARASSMENT BY EMPLOYEES OR STUDENTS ON SCHOOL PROPERTY OR AT A SCHOOL
FUNCTION; NOR SHALL ANY STUDENT BE SUBJECTED TO DISCRIMI NATION BASED
ON A PERSON'S ACTUAL OR PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN,
ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION,
GENDER, OR SEX BY SCHOOL EMPLOYEES OR STUDENTS ON SCHOOL PROPERTY OR AT
A SCHOOL FUNCTION. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT
A DENIAL OF ADMISSION INTO, OR EXCLUSION FROM, A COURSE OF INSTRUCTION
BASED ON A PERSON'S GENDER THAT WOULD BE PERMISSIBLE UNDER SECTION THIRTY-TWO
HUNDRED ONE-A OR PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-FOUR OF THIS CHAP TER AND TITLE IX OF THE EDUCATION AMENDMENTS
OF 1972 (20 U.S.C. SECTION 1681, ET. SEQ.), OR TO PROHIBIT, AS DISCRIMINATION
BASED ON DISABILITY, ACTIONS THAT WOULD BE PERMISSIBLE UNDER SECTION 504
OF THE REHABILI TATION ACT OF 1973. 2. AN AGE-APPROPRIATE
VERSION OF THE POLICY OUTLINED IN SUBDIVISION ONE OF THIS SECTION,
WRITTEN IN PLAIN-LANGUAGE, SHALL BE INCLUDED IN THE CODE OF CONDUCT ADOPTED
BY BOARDS OF EDUCATION AND THE TRUSTEES OR SOLE TRUSTEE PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND S. 1987--B 3 A SUMMARY OF
SUCH POLICY SHALL BE INCLUDED IN ANY SUMMARIES REQUIRED BY SUCH SECTION
TWENTY-EIGHT HUNDRED ONE.

S 13. POLICIES AND GUIDELINES.
THE BOARD OF EDUCATION AND THE TRUS TEES OR SOLE TRUSTEE OF EVERY SCHOOL
DISTRICT SHALL CREATE POLICIES AND GUIDELINES THAT SHALL INCLUDE, BUT NOT
BE LIMITED TO:1. POLICIES INTENDED TO CREATE
A SCHOOL ENVIRONMENT THAT IS FREE FROM DISCRIMINATION OR HARASSMENT; 2. GUIDELINES TO BE USED IN
SCHOOL TRAINING PROGRAMS TO DISCOURAGE THE DEVELOPMENT OF DISCRIMINATION
OR HARASSMENT AND THAT ARE DESIGNED: A. TO RAISE THE
AWARENESS AND SENSITIVITY OF SCHOOL EMPLOYEES TO POTENTIAL DISCRIMINATION
OR HARASSMENT, AND B. TO ENABLE EMPLOYEES
TO PREVENT AND RESPOND TO DISCRIMINATION OR HARASSMENT; AND 3. GUIDELINES RELATING TO THE
DEVELOPMENT OF NONDISCRIMINATORY INSTRUCTIONAL AND COUNSELING METHODS,
AND REQUIRING THAT AT LEAST ONE STAFF MEMBER AT EVERY SCHOOL BE THOROUGHLY
TRAINED TO HANDLE HUMAN RELATIONS IN THE AREAS OF RACE, COLOR, WEIGHT,
NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY,
SEXUAL ORIENTATION, GENDER, AND SEX.

S 14. COMMISSIONER'S RESPONSIBILITIES.
THE COMMISSIONER SHALL:1. PROVIDE DIRECTION, WHICH
MAY
INCLUDE DEVELOPMENT OF MODEL POLICIES AND, TO THE EXTENT POSSIBLE,
DIRECT SERVICES, TO SCHOOL DISTRICTS RELATED TO PREVENTING DISCRIMINATION
AND HARASSMENT AND TO FOSTERING AN ENVIRONMENT IN EVERY SCHOOL WHERE ALL
CHILDREN CAN LEARN FREE OF MANIFESTATIONS OF BIAS; 2. PROVIDE GRANTS, FROM FUNDS
APPROPRIATED FOR SUCH PURPOSE, TO LOCAL SCHOOL DISTRICTS TO ASSIST THEM
IN IMPLEMENTING THE GUIDELINES SET FORTH IN THIS SECTION; AND 3. PROMULGATE REGULATIONS TO
ASSIST SCHOOL DISTRICTS IN IMPLEMENTING THIS ARTICLE INCLUDING, BUT NOT
LIMITED TO, REGULATIONS TO ASSIST SCHOOL DISTRICTS IN DEVELOPING MEASURED,
BALANCED, AND AGE-APPROPRIATE RESPONSES TO VIOLATIONS OF THIS POLICY, WITH
REMEDIES AND PROCEDURES FOCUSING ON INTERVENTION AND EDUCATION.

S 15. REPORTING BY COMMISSIONER.
THE
COMMISSIONER SHALL CREATE A PROCEDURE UNDER WHICH MATERIAL INCIDENTS OF
DISCRIMINATION AND HARASS MENT ON SCHOOL GROUNDS OR AT A SCHOOL FUNCTION
ARE REPORTED TO THE DEPARTMENT AT LEAST ON AN ANNUAL BASIS. SUCH PROCEDURE
SHALL PROVIDE THAT SUCH REPORTS SHALL, WHEREVER POSSIBLE, ALSO DELINEATE
THE SPECIFIC NATURE OF SUCH INCIDENTS OF DISCRIMINATION OR HARASSMENT,
PROVIDED THAT THE COMMISSIONER MAY COMPLY WITH THE REQUIREMENTS OF THIS
SECTION THROUGH USE OF THE EXISTING UNIFORM VIOLENT INCIDENT REPORTING
SYSTEM. IN ADDITION THE DEPARTMENT MAY CONDUCT RESEARCH OR UNDERTAKE
STUDIES TO DETERMINE COMPLIANCE THROUGHOUT THE STATE WITH THE PROVISIONS
OF THIS ARTICLE.

S 16. PROTECTION OF PEOPLE
WHO REPORT DISCRIMINATION OR HARASSMENT. ANY PERSON HAVING REASONABLE
CAUSE TO SUSPECT THAT A STUDENT HAS BEEN SUBJECTED TO DISCRIMINATION OR
HARASSMENT BY AN EMPLOYEE OR STUDENT, ON SCHOOL GROUNDS OR AT A SCHOOL
FUNCTION, WHO, ACTING REASONABLY AND IN GOOD FAITH, EITHER REPORTS SUCH
INFORMATION TO SCHOOL OFFICIALS, TO THE COMMISSIONER, OR TO LAW ENFORCEMENT
AUTHORITIES OR OTHERWISE INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS
IN ANY FORMAL OR INFORMAL PROCEEDINGS UNDER THIS ARTICLE, SHALL HAVE
IMMUNITY FROM ANY CIVIL LIABILITY THAT MAY ARISE FROM THE MAKING OF SUCH
REPORT OR FROM INITIATING, TESTIFYING, PARTICIPATING OR ASSISTING IN
SUCH FORMAL OR INFORMAL PROCEEDINGS, AND NO SCHOOL DISTRICT OR EMPLOYEE
SHALL TAKE, REQUEST OR CAUSE A RETALIATO RY ACTION AGAINST ANY SUCH PERSON
WHO, ACTING REASONABLY AND IN GOOD S. 1987--B 4 FAITH, EITHER MAKES SUCH
A REPORT OR INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN SUCH FORMAL
OR INFORMAL PROCEEDINGS.

S 17. APPLICATION. NOTHING IN
THIS ARTICLE SHALL:1. APPLY TO PRIVATE, RELIGIOUS
OR DENOMINATIONAL EDUCATIONAL INSTI TUTIONS; OR 2. PRECLUDE OR LIMIT ANY RIGHT
OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL ORDINANCE,
LAW OR REGULATION INCLUDING BUT NOT LIMITED TO ANY REMEDIES OR RIGHTS AVAILABLE
UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, TITLE VII OF THE
CIVIL RIGHTS LAW OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973
OR THE AMERICANS WITH DISABILITIES ACT OF 1990.

S 18. SEVERABILITY AND CONSTRUCTION.
THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE, AND IF ANY COURT OF
COMPETENT JURISDICTION DECLARES ANY PHRASE, CLAUSE, SENTENCE OR PROVISION
OF THIS ARTICLE TO BE INVALID, OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY,
PERSON OR CIRCUMSTANCE IS DECLARED INVALID, THE REMAINDER OF THIS ARTICLE
AND ITS RELEVANT APPLI CABILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF
THIS ARTICLE SHALL BE LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES
THEREOF.

S 3.

Section 801-a of the education
law, as added by chapter 181 of the laws of 2000, is amended to read as
follows:

S 801-a. Instruction in civility,
citizenship and character education. The regents shall ensure that
the course of instruction in grades kindergarten through twelve includes
a component on civility, citizen ship and character education. Such component
shall instruct students on the principles of honesty, tolerance, personal
responsibility, respect for others, observance of laws and rules, courtesy,
dignity and other traits which will enhance the quality of their experiences
in, and contributions to, the community. The regents shall determine how
to incorporate such component in existing curricula and the commissioner
shall promulgate any regulations needed to carry out such determination
of the regents. FOR THE PURPOSES OF THIS SECTION, "TOLERANCE," "RESPECT
FOR OTHERS" AND "DIGNITY" SHALL INCLUDE AWARENESS AND SENSITIVITY TO DISCRIMINATION
OR HARASSMENT AND CIVILITY IN THE RELATIONS OF PEOPLE OF DIFFERENT RACES,
WEIGHTS, NATIONAL ORIGINS, ETHNIC GROUPS, RELIGIONS, RELIGIOUS PRACTICES,
MENTAL OR PHYSICAL ABILITIES, SEXUAL ORIENTATIONS, GENDERS, AND SEXES.

S 4. Paragraphs l and m of subdivision
2 of section 2801 of the educa tion law, as added by chapter 181 of the
laws of 2000, are amended and a new paragraph n is added to read as follows:l. a minimum suspension period,
for students who repeatedly are substantially disruptive of the educational
process or substantially interfere with the teacher's authority over the
classroom, provided that the suspending authority may reduce such period
on a case by case basis to be consistent with any other state and federal
law. For purposes of this section, the definition of "repeatedly are substantially
disrup tive" shall be determined in accordance with the regulations of
the commissioner; [and] m. a minimum suspension period for acts that would
qualify the pupil to be defined as a violent pupil pursuant to paragraph
a of subdivision two-a of section thirty-two hundred fourteen of this chapter,
provided that the suspending authority may reduce such period on a case
by case basis to be consistent with any other state and federal law[.];
AND N. PROVISIONS TO COMPLY WITH ARTICLE TWO OF THIS CHAPTER.

S 5. This act shall take
effect July 1, 2012, except that any rules or regulations necessary
for the timely implementation of this act on its effective date shall be
promulgated on or before such date.